HomeMy WebLinkAboutORD 1983-014 ORDIN�NCE NO. 83-14
AN ORDINANCE ANNIENNDING ORDINANCE NO. 70-10,
� COMPREEiII�TSIVE ZONING ORDINANC� OF Tf-iE
CITY OF GRAPEVINE, TEXI�S, SANIE BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPEVINE, T�AS, GRANTING A ZONING C'��ANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
I,OT, TRACT, OR PARCII� OF L�ND LYING AND
BEING SITUATID IN TARRANT COLIN'I'Y, TEXAS,
BEING A PART OF THE A. FOSTER SURVEY,
ABSTRACT NO. 518, IN � CITY OF GRAPEVINE,
TEXAS, MORE FCTI'�Y AND COMPLE�i'ELY DESCRIBID
IN Tf� BODY OF THIS ORDIi�,NCE; ORDF�G A
Q�ANGE IN TfiE USE OF SAID PROPERTY FROP�!
"C-2" COMMUNITY BUSINESS DISTRICT ZONING
CI�'I`EC-,ORY TO "SP" SITE PI,AN FOR Z'F� STORAGE,
REI'AIL SAI.,E, AND OFF-PRII�LZSE CONSiJMPTION OF
AL�COHOLIC BEVER�GFS (BEER ONLY) , INCIDENTAL
'Ib � OPERATION OF A SERVICE STATION AND
CONVII�IIE[�TCE STORE; PROVIDING SIGN HEIGHT
REQUIRII�I'I'S; IN ACCORDAIQC,E WITH A SITE
PLAN; AND FU�III� PROVIDING FOR AL�L OTHER
USES AS PERMIZTID IN THE "C�" COMMqNITY
CON�ZCIAL DISTRICT; CORRF�CTIP�TG THE OFFI-
CIAL ZONING N1AP; PRESERVING ALL OTf-iE�tt
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A CLAUSE REL�ATIfdG TO SEVERABILITY; DETER-
MINING THAT Tf-iE PUBLIC INI'EI2ESTS, MORALS
AND (;F'NF:RAT, ��EI,FARE DII�'j1�ND A ZONING CHANGE
AND AN�tDD'�7'I' Tf�REIN MADE; PROVIDING A
PE[�P�TY; AND DECLARING AN F�IERGEDICY
4;IF�REAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Com�.ission of the City of Grapevine, Texas, as requixed by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requixements, conditions and prerequisites having been complied with, the case
having come before the City Council of t,he City of Grapevine, T�as, after all
legal notices requirem�nts, conditions and prerequisites having been co�lied
with; and,
WHEREI�.S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the followi.ng factors in
making a determination as to whether these requested changed should be granted
or denied; safety of the motoring public and the pedestrians using the facil-
ities in the area in�mlediately surrounding the site; safety from fire hazards
and measures for fire control, protection of adjacent property fram flood or
water damages, noise producing elements and glare of the vehicular and sta-
tionary lights and effect of such lights on established character of the
neighborhood, location, lighting and types of signs and relation of signs to
traffic control and adjacent property, street size and adequacy of width for
traffic reasonably expected to be generated by the proposed use around the
site and in the i�rmediate neighborhood, adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities, location of
ingress and egress points for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust,
effect on the promotion of health and the general welfare, effect on light and
.� air, the effect on the overcrawding of the land, the effect on the concen-
tration of population, the effect on the transportation, water, sewerage,
schools, parks and other facilities; and,
4�fI�E�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, 'Dexas, did
consider the follawing factors in making a determination as to whether this
requested change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dangers possi.bly present in the
securing of safety fran same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crowding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council further considered am�ng other things the
character of the district and its peculiar suitability for particular uses and
with the view to conserve the value of buildings, encourage the most appro-
priate use of land throughout this city; and,
V�If�REAS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public den�ands it,
that the public interest clearly requires the amencknent, that the zoning
changes do not unreasonably i.nvade the rights of those who bought or improved
property with reference to the classification which existed at the time their
original investrnent was made; and,
WFrF:RF��, the City Council of the City of Grapevine, Texas, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; promotes health and the general
welfare; provides adequate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public require-
r.:ents; and,
in�3E�EAS, the City Council of the City of Grapevine, Texas, has detennined
that there is a necessity and need for this change in zoning and has also
found and determined that there has been a change in the conditions of the
property surrounding and in close proximity to the property requested for a
change since this property was originally classified and therefore, feels that
a change i.n zoning classificatian for the particular piece of property is
needed, is called for, and is in the best interest of the public at large, the
citizens of the City of Grapevine, Texas, and helps promote the general
health, safety, and welfare of this comm�.lnity.
NOW, Tf�tEFORE, BE IT ORD�INID BY THE CITY COUNCIL OF Tf� CITY OF
GRAPEVINE� TEXAS: ,
Section l. That the City of Grapevine Ordinance No. 7�-10, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, sa� being
also lazawn as Append� "A" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed in that the use of the follawing described
ProPertY. to�wit:
F
Being a portion of the 31.10 acre tract of land partitioned to the Estate
of Mary Louise Chastant by Partition Deed between the Estate of D7ary Louise
Chastant, et al, and Guy M. Kelley, Jr. and wife, Dorothy W. Kelley, dated
December 1, 1976 and recorded in Voltur�e 6167, Page 24, of the Deed Records of
Tarrant County, Texas. Being more particularly described as follaws:
Ca�rmencing at an iron pin at �.he Northeastern corner of said 31.10 acre
tract, said point also being in the West line of State Highway No. 157; thence
South 35 degrees 20 minutes 47 seconds West, along the West line of said
highway, passing an iron pin at 54.81 feet and continuing for an additional
886.25 feet, for a total of 941.06 feet to a point, said point being on a
curve to the left with a radius of 1502.4 feet. The radius point of said
curve bears South 41 degrees 06 minutes 44 seconds East; continuing along said
West line of Highway along said curve to the left, a distance of 153.69 feet,
to the point of beginning; thence
(1) Along said West line of Highway along said curve to the left, a
distance of 173.21 feet; thence
(2) South 83 degrees 26 minutes West, a distance of 84.19 feet to a
point �ing on a curve to the right with a radius of 1879.86 feet. The radius
point of said curve bears North 40 degrees 30 minutes 02 seconds East; thence
(3) Along said curve a distance of 92.11 feet to a point; thence
(4) l�orth 35 degrees 20 minutes 47 seconds East, a distance of 202.87
feet; thence
(5) South 54 degrees 39 minutes 13 seconds Fast, a distance of 180.0
feet to the point of beginning and containing 34,310 square feet of land more
or less; which, in accordance with Comprehensive Zoning Ordinance No. 70-10,
was previously zoned "C-2" Co�nunity Business District is hereby changed to
"SP" Site Plan for the storage, retaiZ sale, and off-premise cons�tion of
alcoholic beverages (beer only) , incidental to the operation of a service
station and convenience store; in accordance with a site plan, attached hereto
and made a part hereof as F.khi.bit "A"; providing a sign height limitation of
fifty feet (50') ; and further providing all other uses as permitted in the
"C-C" Cc�rtmznity Coffr[t�rcial District.
Section 2. The City r'lanager is hereby directed to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
zoning.
Section 3. That in all other respects the use of the tract or tracts of
land herein above described shall be subject to all the applicable regulations
contained in said City of Grapevine zoning ordinance and all other applicable
and perti.nent ordinances of the City of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the ccm�rehensive plan for the
puzpose of pr�ting health, safety, morals and the general welfare of the
ccmarnznity. They have been designed with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future,
to lessen congestion in the streets; to secure safety fram fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, comrercial needs and development of the co�arnulity. They have
been made with reasonable consideration, am�ng other things, of the character
of the district, and its peculiar suitability for the particular uses and with
a view of conserving the value of buildings and encouraging the most appro-
priate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of
the City of Grapevine, TeY.as, affecting zoning and shall not repeal any of the
provisions of said ordinances except in those instances where provisions of
those ordinances whtch are in direct conflict with the provisions of this
ordinance.
Section 6. That the tern�s and provisions of this ordinance shall be
dee��ed to be severable and that if the validity of the zoning affecting any
portion of the tract or tracts of land described herein shall be declared to
be invalid, the same shall not affect the validity of the zoning of the
balance of the tract or tracts of land described herein.
Section 7. That any person, firm or corporation violating any of the
tenns and provisions of this ardinance shall be subject to the same penalties
as provided for in Ordinance No. 70-10, Zoning Ordinance of the City of
Grapevine, Texas.
Section 8. The fact that the present zoning ordinance and regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the iurunediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall bec�ae effective fran and after the
date of its final passage, and it is accordingly so ordained.
PASSID AI�ID APPROVED by the City Council of the City of Grapevine, Texas
on this the 29th c7ay of March, 1983.
P.PPROVED:
�
Mayor
ATTEST:
S
City Secre
APPIt�IED AS TO FORM AND I,�'.GALITY:
�
City Attorney
EXHIBIT "A" to
Ordinance No. 83-14
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